Author: FAUSTINE KAPAMA
AfricaPress-Tanzania: THE High Court has allowed Setup Limited Company to be joined to a suit in which Ms Ivanna Felix Teri demands 800m/- damages from Viettel Tanzania Public Limited Company for allegedly using her image in an advertisement without her consent.
Judge Suzan Mkapa gave such orders after granting an application for leave to file a third party notice against Setup Limited Company lodged by the applicant, Viettel Tanzania Public Limited Company, trading as Halotel, the defendant in the 800m/- main suit.
The judge noted that as per the applicant’s submission the basis for Setup Company Limited to be joined as third party was their role as advertisement agents under a service contract between the applicant and Setup Company Limited.
“In the circumstances, I find this is sufficient reason. There is a need for Setup Company to be joined to the main suit. Accordingly, the application is hereby granted and the applicant is ordered to file the notice within 14 days from the date of this ruling,” she ruled.
The judge also observed that in order for a third party to be lawfully joined, the subject matter between the third party and the defendant must be the same as the subject matter between the plaintiff and the defendant and the original cause of action must also be the same.
According to her, the rationale behind is to avoid a multiplicity of suits in court and the procedure is limited to a claim of indemnity or compensation and contribution over or against any person not a party to the suit.
It is worth mentioning on the outset the fact that the guiding principle in third party procedure is to deal with cases arising out of transactions between the plaintiff, defendant and third party and to try and settle them in the main proceeding.
During hearing of the application, counsel Andrew Akyoo, for the applicant, had prayed to the court to grant leave for his client to file a third party notice to Setup Limited Company, as a third party, for any contribution or indemnity or any relief in the event the defendant is found liable to the plaintiff’s claim.
Mr Akyoo narrated the criteria for obtaining the said leave as provided for under Order 1 Rule 14(7)(a)(b) of the Civil Procedure Code that the person to be joined is certainly not a party to the suit and the defendant who wishes to join such other person has a valid claim against the third party.
He also submitted that the defendant claims from the third party for any contribution or indemnity or that the claim by the defendant was related to or connected with the subject matter of the suit and substantially the same as to relief or remedy claimed by the plaintiff.
The counsel went on explaining that, the applicant had entered into a service contract with the company for the advertisement, though Setup Limited Company on their own accord allegedly used Ms Ivanna images without her consent as a result of which she claimed to be indemnified 800m/-.
It is Mr Akyoo’s view that in the event the applicant is found liable to the plaintiff’s claim in the main suit, the intended third party will have to contribute to any claim as the liability is bestowed upon the third party in accordance with the service contract.
